Sources: Jealousy Led To Altercation At Merriman's Home

SAN DIEGO -- Multiple sources provided 10News' Juliette Vara with new details about what led to the incident last Sunday involving San Diego Chargers star Shawne Merriman and reality TV star Tila Tequila at the linebacker's Poway home.

Sources close to the story told Vara that Tequila -- also known as Tila Nguyen -- was unhappy that she was not the only woman getting attention from Merriman, and jealousy played a role in the early morning altercation.

The sources told Vara that witnesses at Merriman's home said the three-time Pro Bowl linebacker went to his bedroom with two women.

Sources said Tequila walked into the room and Merriman asked her to join them. However, the sources said Tequila reacted angrily and threatened to have sex with a member of Merriman's entourage.

According to sources, Tequila was intoxicated, and she got naked and attempted to leave the house.

Sources told Vara that Merriman, 25, tried to stop the 27-year-old Tequila, and that is when she called 911.

Tequila accused Merriman of choking and throwing her to the ground while she was trying to leave the house. Tequila signed a citizen's arrest warrant accusing Merriman of battery and false imprisonment. Both are felonies.

After practice on Wednesday, Vara talked to Merriman, but he did not discuss specifics about the case.

Vara asked Merriman to clarify his relationship with Tequila, and he immediately contacted his attorney.

"I don't know if … let me text my lawyer real quick," he said.

Merriman later acknowledged that he and the MTV star were friends and had only known each other for a short time.

"If anyone feels this is a distraction for me, I apologize," Merriman said. "I know my No. 1 priority is guys in the locker room."

Sources also told Vara that Tequila faked a neck injury, and when paramedics arrived they determined that she was OK. However, Tequila insisted on going to the hospital.

On Wednesday, the San Diego County Sheriff's Department handed over its findings in the case to the District Attorney's office.

The District Attorney's office will review the sheriff's department documents to decide if charges will be filed against Merriman.

The attorney representing Tequila disputed Merriman's claim that she was drunk when the linebacker allegedly choked her and held her against her will in his Poway home.

Attorney Alan S. Gutman issued a statement Tuesday, saying Merriam's comments since the incident early Sunday morning are nothing more than "calculated spin to cover up his illegal and indefensible actions."

Merriman and his attorney, Todd Macaluso, have said they expect him to be vindicated. Merriman issued a statement Sunday denying wrongdoing and saying he was trying to keep Tequila from leaving his home because she appeared to be intoxicated.

"I in no way caused any harm to Ms. Nguyen, however, paramedics were called and she was examined but no injuries were reported," Merriman's statement read.

On Tuesday night, Tequila's attorney called Merriman's explanation "spin" and predicted it would be discredited.

"It is never justifiable to brutally assault, choke, strike and imprison a woman," Gutman wrote. "Once the truth is fully revealed, Mr. Merriman's fantastic story of how he was trying to keep Ms. Tequila safe will be completely discredited."

Gutman didn't return calls seeking comment Wednesday. Merriman and Macaluso said they had no further comment.

When Merriman bailed out of jail on Sunday, a court appearance was scheduled for next Tuesday. If no charges are filed, that appearance will be removed from the court calendar, Levikow said. If the DA's office hasn't decided by then, the appearance will be rescheduled.

SAN DIEGO -- Multiple sources provided 10News' Juliette Vara with new details about what led to the incident last Sunday involving San Diego Chargers star Shawne Merriman and reality TV star Tila Tequila at the linebacker's Poway home.

Sources close to the story told Vara that Tequila -- also known as Tila Nguyen -- was unhappy that she was not the only woman getting attention from Merriman, and jealousy played a role in the early morning altercation.

The sources told Vara that witnesses at Merriman's home said the three-time Pro Bowl linebacker went to his bedroom with two women.

Sources said Tequila walked into the room and Merriman asked her to join them. However, the sources said Tequila reacted angrily and threatened to have sex with a member of Merriman's entourage.

According to sources, Tequila was intoxicated, and she got naked and attempted to leave the house.

Sources told Vara that Merriman, 25, tried to stop the 27-year-old Tequila, and that is when she called 911.

Tequila accused Merriman of choking and throwing her to the ground while she was trying to leave the house. Tequila signed a citizen's arrest warrant accusing Merriman of battery and false imprisonment. Both are felonies.

After practice on Wednesday, Vara talked to Merriman, but he did not discuss specifics about the case.

Vara asked Merriman to clarify his relationship with Tequila, and he immediately contacted his attorney.

"I don't know if … let me text my lawyer real quick," he said.

Merriman later acknowledged that he and the MTV star were friends and had only known each other for a short time.

"If anyone feels this is a distraction for me, I apologize," Merriman said. "I know my No. 1 priority is guys in the locker room."

Sources also told Vara that Tequila faked a neck injury, and when paramedics arrived they determined that she was OK. However, Tequila insisted on going to the hospital.

On Wednesday, the San Diego County Sheriff's Department handed over its findings in the case to the District Attorney's office.

The District Attorney's office will review the sheriff's department documents to decide if charges will be filed against Merriman.

The attorney representing Tequila disputed Merriman's claim that she was drunk when the linebacker allegedly choked her and held her against her will in his Poway home.

Attorney Alan S. Gutman issued a statement Tuesday, saying Merriam's comments since the incident early Sunday morning are nothing more than "calculated spin to cover up his illegal and indefensible actions."

Merriman and his attorney, Todd Macaluso, have said they expect him to be vindicated. Merriman issued a statement Sunday denying wrongdoing and saying he was trying to keep Tequila from leaving his home because she appeared to be intoxicated.

"I in no way caused any harm to Ms. Nguyen, however, paramedics were called and she was examined but no injuries were reported," Merriman's statement read.

On Tuesday night, Tequila's attorney called Merriman's explanation "spin" and predicted it would be discredited.

"It is never justifiable to brutally assault, choke, strike and imprison a woman," Gutman wrote. "Once the truth is fully revealed, Mr. Merriman's fantastic story of how he was trying to keep Ms. Tequila safe will be completely discredited."

Gutman didn't return calls seeking comment Wednesday. Merriman and Macaluso said they had no further comment.

When Merriman bailed out of jail on Sunday, a court appearance was scheduled for next Tuesday. If no charges are filed, that appearance will be removed from the court calendar, Levikow said. If the DA's office hasn't decided by then, the appearance will be rescheduled.
Copyright 2009 by 10News.com. The Associated Press contributed to this report. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

237. (a) False imprisonment is punishable by a fine not exceeding
one thousand dollars ($1,000), or by imprisonment in the county jail
for not more than one year, or by both that fine and imprisonment.
If the false imprisonment be effected by violence, menace, fraud, or
deceit, it shall be punishable by imprisonment in the state prison.
(b) False imprisonment of an elder or dependent adult by use of
violence, menace, fraud, or deceit shall be punishable as described
in subdivision (f) of Section 368.

This means w/o this it is not a felony. (b) False imprisonment of an elder or dependent adult by use of
violence, menace, fraud, or deceit shall be punishable as described
in subdivision (f) of Section 368.[/COLOR]

And domestic battery is not a felony unless:

Penal Code 243(e)(1) – Domestic Battery / Spousal Battery

California Penal Code 243(e)(1) is a battery committed upon a spouse, former spouse, cohabitant, parent of the defendant’s child, fiancé, or anyone with whom the defendant has (or previously had) a dating relationship. California Penal Code Section 243(e)(1) domestic battery is a misdemeanor and carries a penalty of up to one year of county jail. Penal Code 243 e 1 is similar to Penal Code 273.5, except that it does not require the “traumatic condition” element. That is to say, the prosecutor need not show that there was a visible injury to the victim.

Misdemeanor battery is: California Penal Code 273.5 is the infliction of corporal injury on a spouse, former spouse, cohabitant, former cohabitant, or mother or father of one’s child, creating a “traumatic condition.” California Penal Code Section 273.5 can be filed as a felony or a misdemeanor. As a misdemeanor, it carries a penalty up to one year in county jail. As a felony, it carries penalties up to four years in state prison. By “traumatic condition,” Penal Code 273.5 refers to a visible injury on the victim’s body, whether significant or slight.

I hope this is true, it is probably more likely than Takillya's version of what happened. She has certainly been acting the 'jealous' part from her tweets.

However, we have to remember that any witnesses were probably friends of Shawns and could easily be lying for him. Do I think that Tila is going to show up with bruises on camera tomorrow? No. But lets not take everything from this side of the story as gospel just yet.

For charges to be filed on Merriman there would have to be overwhelming evidence against him. And if there was overwhelming evidence against him the morning this so called event occurred he would have been arrested w/o a citizens arrest complaint in the first place. :yes: